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MATTER OF JULIA BB.

42 A.D.3d 208 (2007)

837 N.Y.S.2d 398

In the Matter of JULIA BB. and Others, Children Alleged to be Severely Abused, Repeatedly Abused, Abused and/or Neglected. SARATOGA COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent-Appellant; DIANA BB., Appellant-Respondent. (Proceeding No. 1.) In the Matter of JULIA BB. and Others, Children Alleged to be Severely Abused, Repeatedly Abused, Abused and/or Neglected. SARATOGA COUNTY DEPARTMENT OF SOCIAL SERVICES, Respondent-Appellant; FRANCIS BB., Appellant-Respondent. (Proceeding No. 2.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 31, 2007.

Attorney(s) appearing for the Case

Cynthia Feathers, Delmar, for appellants-respondents.

Mark M. Rider, County Attorney, Ballston Spa (Nicholas E. Tishler, Niskayuna, of counsel), for respondent-appellant.

Mark A. Kassner, Law Guardian, Schenectady.

Anne Reynolds Copps, Albany, for Louis S. and another.

CARPINELLO, ROSE, LAHTINEN and KANE, JJ., concur.

OPINION OF THE COURT

CREW III, J.P.

Respondents are the biological parents of three children, John (born in 2000), Emily (born in 2001) and Julia (born in 2003). Five days after her birth in late October 2003, Julia was taken to her pediatrician, Sushila Sood, for her first well-baby visit and everything was normal. Sood, a board-certified pediatrician, also had treated John and Emily since their respective births.

A short time later, on November...

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